Simpson v. State

The issue is whether plaintiff is entitled to recover from defendant State of Oregon interest that accrued on a judgment against him when the resolution of his appeal from that judgment was delayed by the trial court clerk’s failure to mail a notice required by ORCP 63E. The trial court awarded plaintiff damages in an amount equal to the interest that accrued during that delay. We affirm.

The parties stipulated to the facts.1 In a separate action, Marjorie Simpson had obtained a judgment against plaintiff. Plaintiff filed a motion for judgment notwithstanding the verdict or, alternatively, a…